A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.
Criminal
Poortenga v. State, No. 45A03-1709-CR-2148, __ N.E.3d __ (Ind. Ct. App., April 10, 2018).
Evidence of an individual’s alcohol concentrate equivalent is relevant to the question of whether an individual was intoxicated, regardless of whether the individual’s alcohol concentrate equivalent was more or less than 0.08.
Wirthlin v. State, No. 24A01-1711-CR-2662, __ N.E.3d __ (Ind. Ct. App., April 11, 2018).
Defendant’s signing of documents that include a waiver of counsel do not fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver.
Weida v. State, No. 79S02-1711-CR-00687, __ N.E.3d __ (Ind., April 12, 2018).
The prior version of Sex Offender Special Condition 26, providing a ban on using the internet, is unreasonable since it does not reasonably relate to probationer’s rehabilitation and protecting the public.
Ivy v. State, No. 82A04-1711-PC-2506, __ N.E.3d __ (Ind. Ct. App., April 4, 2018).
Attempted murder conviction reversed because trial counsel failed to object to improper jury instruction, and tender a proper instruction, regarding the specific intent required to prove accomplice liability.